What is the name of your state (only U.S. law)? California
In March 2008 my daughter got into an accident due to failure to yield.
She was making a left turn into kinko's parking lot from the median lane when it happened.
She said she went in because the cars on the two lanes by the median stopped to give her way as the traffic was a little heavy at that time. While she was going in, a car on the furthest lane from median (lane 3) did not see her and hit her at a speed of 25~30 mph, per police report.
Apparently, the passenger of that car did not wear a seat belt, so she hit her head and cracked the windshield. Paramedics came and checked, but she was released.
Little did I know that the insurance expired a few weeks before the incident.
Their reason for not renewing it was because they said I was missing some paperwork, which I never got.
Per their record, they sent a form I should've filled out and signed, but I never knew of anything of it.
I co-singed the car loan for her.
Now, the guy that hit her car went to his insurance, and his insurance told me I should pay $1300 for the estimated property damage. It was minor damage. I could pay for his repair, although I'm gonna argue that some were not caused by the accident (his damages was located on places that do not match my daughter's car damages). I will attach some pics later.
However, last week the insurance said there may be more injury claim, but they do not know how much, yet.
I feel horrible because my daughter's licensed been suspended b/c of this, and she's been depressed. She is afraid that the guy's insurance is gonna sue her lotttsss of money. She just graduated college June '08, and doesn't have any asset. She barely started working August '08 (two months ago).
I blame myself for not keeping up with insurance requests, but at the same time I didn't get those forms.
Some questions I hope someone could answer:
1. What should I do? I am confused, feel terrible and frustrated...
2. How do we find how much personal injury is the insurance going to charge her?
3. How do we know they're not made up?
4. Is it considered 50/50 at fault, since it's a contributory negligence on that passenger's part for not wearing a seat belt?
5. Would getting a traffic data from the city that proofs the statistical average speed was actually slower than police report helps? I'm thinking the lower the speed, the smaller the impact, and the less injury there should be.
Many thanks in advance...
In March 2008 my daughter got into an accident due to failure to yield.
She was making a left turn into kinko's parking lot from the median lane when it happened.
She said she went in because the cars on the two lanes by the median stopped to give her way as the traffic was a little heavy at that time. While she was going in, a car on the furthest lane from median (lane 3) did not see her and hit her at a speed of 25~30 mph, per police report.
Apparently, the passenger of that car did not wear a seat belt, so she hit her head and cracked the windshield. Paramedics came and checked, but she was released.
Little did I know that the insurance expired a few weeks before the incident.
Their reason for not renewing it was because they said I was missing some paperwork, which I never got.
Per their record, they sent a form I should've filled out and signed, but I never knew of anything of it.
I co-singed the car loan for her.
Now, the guy that hit her car went to his insurance, and his insurance told me I should pay $1300 for the estimated property damage. It was minor damage. I could pay for his repair, although I'm gonna argue that some were not caused by the accident (his damages was located on places that do not match my daughter's car damages). I will attach some pics later.
However, last week the insurance said there may be more injury claim, but they do not know how much, yet.
I feel horrible because my daughter's licensed been suspended b/c of this, and she's been depressed. She is afraid that the guy's insurance is gonna sue her lotttsss of money. She just graduated college June '08, and doesn't have any asset. She barely started working August '08 (two months ago).
I blame myself for not keeping up with insurance requests, but at the same time I didn't get those forms.
Some questions I hope someone could answer:
1. What should I do? I am confused, feel terrible and frustrated...
2. How do we find how much personal injury is the insurance going to charge her?
3. How do we know they're not made up?
4. Is it considered 50/50 at fault, since it's a contributory negligence on that passenger's part for not wearing a seat belt?
5. Would getting a traffic data from the city that proofs the statistical average speed was actually slower than police report helps? I'm thinking the lower the speed, the smaller the impact, and the less injury there should be.
Many thanks in advance...
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